The Research Of China’s Legal System Of Food Safety Risk Assessment

Food safety is a basic human rights, it’s about the national’s health, it’s also about the improvement of productivity, is the cornerstone of national prosperity and social stability. In the context of risk society, food safety risk analysis is one of the international food safety regulatory practice, and risk assessment system is the core. Food safety risk assessment has played a very important role in finding out existing and potential risks in food in time and developing scientific food safety standards and food safety management measures,and it is an important methods to protect consumers, to strengthen food safety supervision, to maintain social order. As a result, the countries basically established the legal system of food safety risk assessment, and the developed countries has also obtained the quite rich experience in the construction of legal system of food safety risk assessment, and based on the risk assessment, the effect of food regulatory is also very obvious.In recent years, under the background of food safety accidents occurs frequently, our country has issued a new food safety law in2009, trying to open a new situation to improve food safety, and comply with the international trend, clearly defined The food safety risk assessment system, to set it as a gist of national food safety standards and the food safety regulation. But for now, the public do not trust the experts’ evaluation conclusion on food safety. The public is not satisfied with the country’s food safety regulatory presents and questioned the government’s credibility. Once a food safety accidents happens will easily cause the panicky of the public and the social instability. Investigate its reason, the reason is that the legal system of food risk assessment in China is not perfect. At present, the legislative level of our country’s legal system of food safety risk assessment is low, and the content is not perfect and not adapt to the reality, at the same time;on law enforcement, the institutional settings lack of unity and independence, and the scientific experts is not independence and not excellence,and in the risk assessment process,the government is not fully communication with the public, at the same time, the supervision mechanism is shorted in the assessment process and the assessment result. The legal responsibility of risk assessment institutions and their staff is not completed, all of these lead to the lack of authority, credibility, scientific of China’s food safety assessment.The construction of legal system of food safety risk assessment in developed countries is relatively mature, and accumulated a wealth of experience. In view of the present status of the risk assessment system in China, Our country can draw on the experience of developed countries on the basis of to improvement our country’s food safety risk assessment system. On legislation, to improve the legal system to ensure the food safety risk assessment activities are legal; In law enforcement, by ensuring the food safety risk assessment agencies to ensure the neutrality of evaluation results, ensuring independence so that the scientific experts are excellent and independent, so that the risk assessment results is authoritative, through the communication with the public, to ensure that the results of risk assessment can avoid the experts’limitations, through the establishment of the supervision mechanism to ensure that the assessment conclusion can overcome the expert limitations; On justice, establish the responsibility of food safety risk assessment institutions and their staff, make them to exercise their functions and powers and perform their duties in accordance with the law.